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Harris, Family Law Expert

Category: Family Law

Satisfied Customers: 1770

Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters

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There. I've been separated last 14 months and my

Customer Question

Hi there. I've been separated for the last 14 months and my soon to be ex husband moved out of the marital home. Me and the 3 children still live in the marital home, which we jointly own. My ex continues to pay the mortgage as means of maintenance. My problem is I've just found out I'm pregnant with my boyfriends baby! I'm on the pill so all a shock! Been to Dr and they seem to think I'm nearly 12 weeks! My ex knows about my boyfriend. Where do I stand regarding my living situation? I'm frantically trying to look for rentals thinking when my ex finds out he'll kick us out. Any advice would be greatly appreciated

Hi, thanks for your question.As the property was the former matrimonial home, you have a right to occupy the property (as does your husband), however as the arrangement has been for you and your three children to remain living there it will be difficult for your ex-husband to remove you from the property, and in the event that he attempts this you can make an application to court for an occupation order under form FL401 to your local family court to continue living there.Have you, or your ex-husband commenced divorce proceedings? As part of the divorce you will need to reach a financial settlement regarding the property and the wider assets.Please let me know if you have any further questions regarding this.

The partition for divorce has been submitted and I have sent in form E just waiting on the ex for his forms. It was advised house could go on market start of this year but in principle, as I would need to make sure I could find suitable housing and really just research my options. Now I'm pregnant I feel my options are limited and I'll have no choice but to agree the sale this year. I assume I'll be able to stay here till house sold and I have means to get somewhere else?

The house should not be sold, and you should not be agreeing to this, especially seeing that you have three dependant children and another one on the way, unless you are certain that you will be able to afford suitable alternative accommodation.Has the Form A (financial relief application) been submitted and do you have a hearing date?

I've submitted mine but the ex is taking his time! So no date as yet. Your last response has been my feeling the whole time but obviously as this pregnancy has nothing at all to do with my husband I'm worrying. Unfortunately, even if ex agreed, my boyfriend (the father to be) isn't in a position to buy his half Of the house. Thank u I feel better after chatting with you

Unless a Form A was submitted, the court would not accept a Form E as part of the divorce.Even if you do not take into account your unborn child, your three other children will need to be housed and the court will consider the matrimonial home as the first option. The court has the option of making various orders regarding the property, including delaying the sale until the children reach a certain age, after which your ex-husband will obtain his share of the equity.

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